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HomeMy WebLinkAbout01-04885APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney LD.#38423 ~ ' 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800)672-0215 Attorneys for Plaintiff OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, vs. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendatrt. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ~I " '~~~ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action with twenty (20)-days after this complaint and notice aze served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so the case my proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demanda y la notification. Hate falta asentaz una compazencia escrita o con un abogado v entregaz a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decide a favor del edemandamte y requiere que usted compla con todas las provisiones de esta dexnanda. Usted puede perder dinero o sus propiedades u otros derechos importantes paze usted. LLEVE ESTA DEMANDA A UN ABOGADO EQMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENC[JENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIl2 ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referal and Infom~ation Service 800-990-9108 C APOTHAKER & ASSOCIATES, P.C. BY:' David J. Apothake~ Attorney I.D.#38423 ~ ' 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800)672-0215 Attorneys for Plaintiff OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, vs. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ~l - ~~ l.:tvtl.~~ CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, OSI FUNDING CORP., is a company with its principal place of business located at 2425 Commerce Ave. Duluth, GA 30096. 2. Defendant is THOMAS C VIA, an adult individual residing at 221 OLD STATE RD GARDNERS, PA 17324. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $9,353.03. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. WI3EREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $9,353.03 plus costs, interest and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff BY: Davi J. Apothaker Dated: July 30, 2001 Our File No.: 013107 ,;;~ VERIFICATION Dauid J. Aroothaker, Esa. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unswom falsification to authorities. David 7. Apothaker, Esq. Attorney for Plaintiff DATE: July 30, 2001 k~V*+ '_. 03IFunding Corporation ' LITIGATION NET1yVORK Post Office Box 2388 Doraville, Georgia 30362-2388 800-945-0007 MARCH 30, 2001 ATTN: TERRY JORDAN /~ CAPLAN & APOTHAKER ~ !.` ~ O 3000 MID-ATLANTIC DR ~ J 1 SUITE 101 - MT. ALURA, NJ 08054 STATEMENT OF ACCOUNT Debtor's Name: THOMAS C VIA OSI Funding Corp.'s Acct Number: 3950248113 Original Creditor: Original Account Number: Write Off Date (Charge Off Date): Principle Balance: Balance Due: Interest Rate: GREENWOOD TRUST COMPANY 6011300460061078 06/20/00 $9,353.03 $9,353.03 6.% .... ~ oi3~~~ AFFIDAVIT OF INDEBTEDNESS I HELENA ROBINSON being duly sworn upon oath, depose and state that-. OS[ Funding Corporation, owns and holds the account of (THOMAS C VIA, 3950248 1 1 3). The account was assigned to OSI Funding Corporation by (GREENWOOD TRUST COMPANY). 1. The amount of indebtedness of (THOMAS C V IA) is true and correct. The unpaid balance due Plaintiff is $9,353.03 as of (JUNE 20, 2000) at an interest rate of (6.%). 2. Payment has been demanded and not received. 3. The Plaintiff has not received any setoffs, payments and/or credits for which credit has not already been given. 4. The Defendant(s) is/are not in the military service of the United States. 5. I am an employee of OSI'Funding Corporation and am a qualified person who is familiar with the business records of OSI Funding Corporation. The said business records are made at the time of the occurrence recorded by a person with actual knowledge of the occurrence, are-kept in the regular course~of business of OSI Funding Corporation, and it is part of the regular course of business'pf OS[ Funding Corporation, to keep such records. 6. I have personal knowledge of the facts stated herein based upon my review of the business records of OSI Funding Corporation. Signature HELENA ROBINSON Printed Name STATE OF GEORGIA I COUNTY OF Ido A Subscribed and sworn before me on this ~ day of ' 1 ~ r' , 2001 CHRIS FUGATE ,,,,,,,,,,,,,, Printed Notary My Conunission Expires: _~~~~, IEORGIA ~DfE~C/. 2~7~. 2004 //f` ~e...C~,~~,, a ~C ~ ~~ c, ~-~ - - v~~:, r~-~ ~- ~ ~ .: ~~ r { = ~ <__ ~~ - . ~ =- -{ 'C ~~ ;~ .._ -. <: ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-04885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OSI FUNDING CORP VS VIA THOMAS C CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VIA THOMAS C the DEFENDANT at 0846:00 HOURS, on the 22nd day of August 2001 at 221 OLD STATE RD GARDNERS, PA 17324 by handing to THOMAS C VIA a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this ~ day of ~2vo A.D. ~. ~ ~ P othonotary So AnswQQer~~s ~7/-~ R. Thomas Kline 08/24/2001 APOTHAKER & ASSOCIATES By: Deput eriff APOTIIAKER & ASSOCIATES, P.C. 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800)672-0215 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, vs. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2001-04885 Civil Action PRAECIPE TO ENTER DEFAULT J[JDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, OSI FUNDING CORP. and against Defendant, THOMAS C VIA, for failure to answer or otherwise respond to the Complaint -Civil Action. The Complaint was served upon the defendants on August 22, 2001 by the CUMBERLAND Sheriffs Department. Copies of the proofs of service are attached hereto as Exhibit "A". A copy of the Notice of Intention To Take Default was mailed on October 26, 2001, and also attached hereto. Assess daanages in the amount of: (a) Balance: $9,353.03 (b) Interest from July 30, 2001 to July 24, 2002: $1,123.26 TOTAL $10,476.29 APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff By: David J. Apothaker Dated: July 24, 2002 Our File No.: 013107 • SHERIFF'S RETURN - REGULAR r. CASE'NO: 2001-04885 +_ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OSI FUNDING CORP VS VIA THOMAS C CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VIA THOMAS C the DEFENDANT at 0846:00 HOURS, on the 22nd day of August 2001 at 221 OLD STATE RD GARDNERS, PA 17324 by handing to THOMAS C VIA a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 08/24/2001 APOTHAKER & ASSOCIATES / .~ By: Deputy' eriff Prothonotary APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 1341 N. Delawaze Avenue, Suite 405 Philadelphia, PA 19125 (800)672-0215 Attorney for Plaintiff OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. NO. 2001-04885 NOTICE OF INTENTION TO TAKE DEFAULT TO: THOMAS C V[A DATE OF NOTICE: October 26, 2001 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personalty or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (IO} days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not haven lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 DAVID J. APOTHAKER, ESQUIRE 1341 N. Delaware Avenuc, Sui[e 405 Philadelphia, PA 19125 (800)672-0215 Attorney for Plaintiff Attorney [D H38423 Our File No.: 013107 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, vs. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2001-04885 Civil Action NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX NDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBTI'RATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Aroothaker, Escp at this telephone number: ~. ~'~~~°~ CtY....~ APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800)672-0215 Attorney for Plaintiff OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. NO.: 2001-04885 Civil Action AFFIDAVIT'OF NON-lYIILITARY SERVICE COMMONWEALTH OF PENi~1SYLUANIA SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 221 OLD STATE RD GARDNERS, PA 17324; and that Defendant(s) is not in the Military Service of the United States, nor any State or Temtory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto. David J. Apothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~' 3 w ~. n ra c~ c n.a ~-, z» -~ via ~- ,, i'~fj, Lj -, r cn _ •~ , ~, ~~ ~. -~~ ,, _~ j ~:. _.~,~ s" C. N i7 m ~ '"~ uJ -t e~i -` .. c~5 ^~~ ~ 81._ ~he+~a~n. ~~~- ^'e"~,#a~ ~~_a~:+~za¢ ,~vr~l~fnk.r ., i ~"'